Tree Management Guidance and Principles Contents 1.0 Introduction 4 2.0 Tree Preservation Orders and Conservation Areas 5 2.1 What is a Tree Preservation Order? 5 2.2 What is a Conservation Area? 5 2.3 What types of tree can be covered by a TPO? 5 2.4 How can you find out if a tree has a TPO? 5 2.5 Who is responsible for maintaining a tree with a TPO? 5 2.7 How to get Consent to work on a tree covered by a TPO? 5 2.8 If you are refused Consent can you appeal? 6 2.9 Can you get compensation if your application is refused or conditions are attached? 6 2.10 Will I be told if a TPO is made on a tree on my property? 6 2.11 How can you object to, or express support for, a new TPO? 6 2.12 When can you prune a protected tree without Consent? 7 2.13 Will I have to plant a replacement tree? 7 2.14 What happens if I carry out work on a protected tree without permission? 7 3.0 Management Principles 8 3.1 Overall Management Principles 8 3.2 Council Owned Trees 9 3.3 Privately Owned Trees 10 3.3.1 New Development 10 3.3.2 Existing Trees 11 3.4 Woodland Management 12 4.0 FAQ’s 13 4.1 Introduction 13 4.2 My neighbour's trees encroach across my boundary - can I cut them back? 13 4.3 My neighbour's trees are blocking my light - what can I do? 14 4.4 My neighbours have a high hedge - what can I do about it? 14 4.5 I have a big tree near my property and I'm worried about the damage the roots may be doing to my house - what should I do? 15 Page 2 of 21 4.6 Tree roots are blocking my drains - what can I do? 16 4.7 A tree is lifting paving slabs / affecting my drive - can I cut the roots of a protected tree? 16 4.8 Are there any controls on the type of tree I can plant in my garden? 16 5.0 Buying or moving to a house with a tree in the garden? 17 5.1 Advice for new homeowners 17 5.2 The legal bits 17 5.3 Useful Links – 24 Page 3 of 21 1.0 Introduction Trees - What do they mean to us? To you? Trees are a wonderful resource, not only for the timber and its products we use every day but they clean our air, feed us, provide shelter and fodder for wildlife both big and small, make our places beautiful, show the passing of the seasons, benefit our health and wellbeing and so much more. We have all touched trees and all enjoyed them, benefited from their presence, It’s this close relationship that drives our passion for trees. This document has been created by East Northamptonshire Council to provide guidance on the effective and responsible management of trees within the district, in both the public and private realms. This document is made available for adoption by all Town and Parish councils within the district aiming to create a framework for decision takers to ensure a consistent methodology and practical management of our trees and woodlands. Throughout this document there is advice and guidance for tree owners on the laws and practices in place to protect this vital resource and explain how this affects you. Figure 1 - Old Sulehay Wood 2.0 Tree Preservation Orders and Conservation Areas 2.1 What is a Tree Preservation Order? A Tree Preservation Order (TPO) is an order made by a local planning authority, in this case East Northamptonshire Council, under The Town and Country Planning (Tree Preservation)(England) Regulations 2012, which makes it an offence to cut down, lop, top, uproot, wilfully damage or wilfully destroy a tree without first getting permission from us. They are usually made to protect trees that make a significant contribution to a public amenity or area. They may be made when it is felt that a tree could be under threat. 2.2 What is a Conservation Area? A Conservation Area is a designation under Section 69 of the 1990 Planning (Listed Buildings and Conservation Areas) Act. By which areas of special architectural or historical interest are protected. Trees within these areas often contribute to the character of the area, as such all trees of a stem diameter of 75mm or above at 1.5m from ground level are protected. It is an offence to cut down, lop, top, uproot, willfully damage or willfully destroy a tree without giving prior notification to the Local Planning Authority, this must be submitted as a Section 211 Notification (East Northamptonshire Council require the notification is provided on the same form as an application to perform works to a tree covered by a Tree Preservation Order to ensure all relevant information is submitted). The notification allows the Council to determine if the proposed works would be detrimental to the character of the Conservation Area. The Council may accept the S.211 Notification or refuse it by serving a Tree Preservation Order on the tree. 2.3 What types of tree can be covered by a TPO? All types of trees, native and ornamental, including trees within hedgerows, may be the subject of a TPO. A TPO cannot protect hedges, bushes, or shrubs. Figure 2 - TPO Trees, Little Addington and Stanwick 2.4 How can you find out if a tree has a TPO? East Northamptonshire Council has made all of its TPO’s publically accessible through the use of the “In My Area” online mapping application (In My Area ) This map shows all protected trees.. When you are buying a property the presence of a TPO should be revealed by the search of the local land charges register. 2.5 Who is responsible for maintaining a tree with a TPO? The owner of a protected tree is responsible for its maintenance, condition and any damage it causes. However, if you are the owner, you will still need to get a consent from the Council before carrying out most types of work. Tree work is a dangerous and highly skilled operation and trees are complex living structures which are easily damaged by poor quality or unsympathetic tree work. We strongly advise you to talk to a professional tree surgeon or arborist to advise you and undertake any work needed. 2.6 Is the Council able to recommend a good tree surgeon? No, as a public body the Council cannot make any recommendations. However, please refer to the well qualified Arborists and Tree Surgeons recommended by the Arboricultural Association via their website at: http://www.trees.org.uk/Find-a-professional. 2.7 How to get Consent to work on a tree covered by a TPO? If you wish to carry out work to a tree protected by a TPO you must make an application on the standard application form – with any necessary supporting information. You can do this in writing to: East Northamptonshire Council, Cedar Drive, Thrapston, Northamptonshire, NN14 4LZ or online via the planning portal available through the Council’s website. Before submitting an application it is advised to read through the guidance, which is available here. Applications not made on the standard application form cannot be accepted and will be returned to you. You must include a plan showing exactly which trees you wish to prune, although this need not be to scale. You must also indicate exactly what sort of work you wish to carry out and the reasons why. Certain types of work, especially where there are implications of high or potentially high risks will need appropriate supporting documentation. For example, if you give the reason for work as being safety, damage or risk of future damage to property you will need to provide written and qualified evidence of this. You can find information about supporting documentation in the guidance notes for the standard application form. The Council will write to confirm receipt and registration of your application, and consider it and let you know our decision within eight weeks. Applications are determined in one of two ways; the majority of applications are determined by a delegated officer within East Northamptonshire Council’s planning department (as per the Council constitution). However an application can be called in to be determined by the Planning Management Committee, this is normally the procedure for applications of a particularly sensitive nature, or if a Councillor or Officer has a personal connection to the applicant or is the applicant. If you feel an application should be determined by committee please contact your local district councillor who can request the application be taken to committee. Page 5 of 21 2.8 If you are refused Consent can you appeal? Yes. If your application is refused or if you do not receive a decision within eight weeks, you can appeal to the Planning Inspectorate who will consider your appeal on behalf of the Secretary of State. The Council will send you details of how to appeal along with the decision notice refusing Consent. You may also appeal if the Council grants permission subject to certain conditions. During the appeal process the information you submitted along with your application and any made comments will be carefully considered by an independent Planning Inspector. 2.9 Can you get compensation if your application is refused or conditions are attached? There are limited circumstances where you can make a claim for compensation if you are refused permission to carry out work to a protected tree or conditions which prohibit the abatement of a significant nuisance.